ISSUES OF WOMEN PRISONERS – POLITY

News: Women Prisoners Face Poor Menstrual Hygiene Management, Lack of Adequate Facilities


What's in the news?

       The Supreme Court committee on prison reforms recently submitted its report. The committee is headed by ex-judge Amitava Kumar. The committee underlined that the correctional justice system is "evidently gender exclusionary". It captured a lot of issues faced by women prisoners in India.


Key takeaways;

       As of December 2021, there were nearly 23,000 women prisoners in India, accounting for 4.13% of the total prison population.

       The Prison Statistics India, 2021 reported that the majority of female prisoners fall in the age groups of 18-30 years (29.4%) and 30-50 years (50.7%).

       As of December 2021, there were nearly 23,000 women prisoners in India, accounting for 4.13% of the total prison population. The Prison Statistics India, 2021 reported that the majority of female prisoners fall in the age groups of 18-30 years (29.4%) and 30-50 years (50.7%).

       This means that approximately 80% of women in prisons are in the active stages of the menstrual life cycle. Despite the large number, the lack of attention given to menstrual health in policymaking often results in poor menstrual hygiene management (MHM) practices in prisons.

       The prison infrastructure lacks facilities like clean toilets, adequate number of dustbins and facilities for proper disposal of sanitary napkins among other things.

 

Issues faced by Women Prisoners:

1. Lack of exclusive prison for women:  As per the NCRB data, in 2021, only 15 states/UTs have jails exclusively meant for women in the country.21 states/UTs have surprisingly no separate women prisons at all.

 

2. Congested jail environment:

       According to the National Crime Records Bureau (NCRB), the number of female prisoners in India at the end of the year 2021 was 22,918 while the capacity of the existing women jails in the country is enough to accommodate only 6,767 prisoners.

       This leads to overcrowding and congestion. Women inmates were either cramped in inadequate space or no separate space.

3. Child of women prisoners:

       As per NCRB data, at the end of the year 2021, there were 1,650 women inmates in the country’s jails with 1,867 children. The issue of proper diet, education, and space to play for the children lodged in the jails with their mothers is rarely addressed.

       According to the Model Prison Manual, 2016 issued by the Ministry of Home Affairs (MHA), a child up to six years of age shall be admitted to prison with his/her mother if the child has no other arrangements. The manual also states that no child shall be admitted into or retained in a prison if he/she has attained the age of six years.

4. Shortages of female staff:

       There is a severe lack of female staff, which includes guards, officers, doctors, nurses, counsellors etc.

5. Lack of basic infrastructure facilities for women:

       There are inadequate numbers of toilets, bathrooms and other basic preconditions for sanitation and hygiene. The insufficient provision of water and menstrual hygiene products is a serious concern.

6. Poor medical facilities:

       There is a lack of female medical personnel and facilities meant to cover physical, sexual, reproductive and mental health needs of women in prison.

7. Physical and sexual violence:

       Physical and sexual violence is a common scenario in prisons, faced by inmates at the hands of authorities and other prisoners.

8. Poor menstrual health of women inmates: 

       The Prison Statistics India reported that the majority of female prisoners fall in the age groups of 18-30 years (29.4%) and 30-50 years (50.7%).

       This means that approximately 80% of women in prisons are in the active stages of the menstrual life cycle. Despite the large number, the lack of attention given to menstrual health in policymaking often results in poor menstrual hygiene management (MHM) practices in prisons

       Less than 40% of prisons in the country provide sanitary napkins for female inmates

SOLUTIONS TO REVERSE THE DISMAL STATE OF WOMEN PRISONERS:

  1. Introducing telemedicine facilities like remote diagnosis and virtual consultation for the treatment of inmates, strengthening vocational training and education programmes, replacing imprisonment for petty offenses with community service and proper counselling for inmates with psychological disorders.
  2. Adequate provisions must be made for pregnancy and childbirth in prison including medical, dietary and accommodation-related improvements. Children of prisoners, both the ones living with them or the ones living outside, should never be treated as prisoners themselves.
  3. Both physical and mental health needs should be addresses appropriately and regularly. Women inmates should have access to doctors and psychologists as and when needed. Educational facilities should be provided as per abilities of prisoners. Vocational training and skilling facilities in prison should also be upgraded as it can improve the daily lives of prisoners and give them economic support after release.
  4. Living conditions of women inmates should be improved in terms of bedding, adequate lighting, sufficient number of toilets, options of clothing as per culture etc.
  5. Provisions of legal aid should be implemented with linkages with District and State Legal Service Authority. All rights and entitlements should be explained to women in a language they can understand.
  6. Robust grievance redressal mechanism should be put in place in all prisons to ensure the rights of prisoners are not violated and their concerns are heard impartially. There should be both internal and external mechanisms for inmates to represent their grievances.

A comprehensive after-care programme can prevent recidivism and help in the smooth transition of women in society after release. This should include support for various aspects of post-imprisonment life including housing, employment, marriage, custody of children, prevention of harassment by local police etc.